Pennsylvania law generally allows for individuals to openly carry firearms without a License to Carry Firearms (LTCF). However, the law provides for extremely limited transportation of firearms absent a LTCF – allowing an individual to take an unloaded firearm from their home to only certain locations. As a result, people without LTCFs may not take an unloaded firearm from their home to most locations in order to then openly carry for self defense.
When an individual enters their vehicle, regardless of whether the firearm they are carrying is openly displayed on their hip, or covered by a garment, the law considers the individual to be carrying concealed – requiring a LTCF.
On April 16, 2021, the Second Amendment Foundation filed suit, along with another civil rights organization, and three individuals challenging PA’s laws. The three individuals are uniquely affected by Pennsylvania’s laws as they were previously prohibited persons who sought, and obtained, relief via the federal courts in Second Amendment as-applied challenges. However, despite the courts ruling that the federal prohibition against them was unconstitutional and enjoining the federal government from enforcing it, they were denied LTCFs by their respective sheriffs.
The lawsuit asks a federal court to declare that the laws prohibiting the bearing of arms violates the Second and Fourteenth Amendments and seeks to enjoin the Defendant from enforcing the prohibition.
Case Team: Joshua Prince, SAF Executive Director Adam Kraut
To access all of the case documents, please visit the docket.